The Deputy Commissioner (DC), East Khasi Hills has rescinded the order calling for Section 144 CrPC on June 4, the day when election results would be announced. The DC first said that he apprehends law and order problems on that day. Where he collected the intelligence input for this is not known but some political observers believe that this is a political decision which was sought to be enforced by the district administration. Anger has been brewing over this call for clamping down on free movement and gathering on vote counting day. Questions have been asked as to what is different this time from other times in the past when crowds waited for the news of the success of their candidates and rejoiced by singing and taking our processions across the city. At no time in these 22 years has any restriction been imposed on people gathering in groups to await the election results with bated breath.
Intuitive administrative sense means that those in positions of authority must keep their eyes and ears open to listen to the voices of people from the ground. Besides, the Constitution grants us rights which include the right to free movement and peaceful assembly. Section 144 is imposed when a district magistrate, a sub-divisional magistrate and any other administrative officer apprehend danger and nuisance. Section 144 of the Code of Criminal Procedure (CrPC), 1973, is a colonial-era statute that has been preserved in the Code. In circumstances of imminent nuisance or suspected danger of an incident that could create problems or harm human life or property, Section 144 is applied. Public gatherings are generally forbidden by Section 144 of the CrPC. In the past, Section 144 has been used to impose limitations in an effort to suppress rallies that could spark riots or other forms of violence. When there is an emergency, the Executive Magistrate has been given the authority to enforce Section 144. Internet shutdowns and restrictions on telecom services have frequently been enacted under Section 144.
But it is evident that as of today there are no palpable signs of any possibility of the breakdown of law and order in Shillong. On the contrary it would paint the government in a bad light if it imposed Section 144 and people violated that imposition. Elections have come and gone and never was there any occasion when the government of the day would clamp down on public movement. There is a sense of claustrophobia that pervades the atmosphere when there are regulations on public movement and gatherings especially on a day when passions run high and the supporters of the winning candidates wish to rejoice in the victory of their candidate. It would also be a damp squib not to be able to take out election rallies on the day of counting of votes when this has been the practice for the past 52 years.
